Constitutionalism of Australian First Nations A Comparative Study

263 Pages·2022·2.379 MB·English

by  Maria Salvatrice Randazzo

Constitutionalism of Australian
First Nations
The book considers Australian First Nations constitutionalism by drawing on
the chthonic constitutional traditions of three distinct Australian First Nations
legal orders: the Warlpiri, Yolngu, and Pintupi legal orders, in the endeavour of
identifying, via a comparative analysis, a core of similarities to be drawn upon
and articulate an emergent legal theory common to the three legal orders. The
comparative analysis is undertaken at the most foundational levels of their legal
traditions, via the prism of a legal paradigm elaborated with reference to an
Australian Indigenous cosmological, ontological, and epistemological standpoint.
The proposed legal theory comprises a broad overview, general concepts,
normative principles, and general working principles. In so doing, the book
expounds how Australian First Nations constitutionalism unfolds into holistic
orders of spiritual, political, and legal authority that are explainable in terms of
legal theory. At the most foundational level, such elaboration may help delineate
normative and legal constitutional patterns throughout Indigenous Australia.
Dr Maria Salvatrice Randazzo is Adjunct Research Fellow at the Asian Pacific
College of Business and Law, Charles Darwin University, Australia. Her areas
of specialisation and research include comparative legal systems, transnational
law, human rights, Indigenous legal theory, Western legal theory, and Indigenous
constitutionalism. She has been admitted to the Court of Appeal of Messina and
the Court of Cassation of Rome as a barrister. She has also been admitted to the
Northern Territory Supreme Court as a legal practitioner.
Indigenous Peoples and the Law
Part of the Indigenous Peoples and The Law Series
Series Editors
Dr Mark A. Harris
University of British Columbia, Canada
Professor Denise Ferreira da Silva
University of British Columbia, Canada
Dr Claire Charters
University of Auckland, New Zealand
Dr Glen Coulthard
University of British Columbia, Canada
For information about the series and details of previous and forthcoming titles,
see www.routledge.com/law/series/INDPPL
Constitutionalism of Australian
First Nations
A Comparative Study
Maria Salvatrice Randazzo
First published 2023
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa
business
© 2023 Maria Salvatrice Randazzo
The right of Maria Salvatrice Randazzo to be identified as author of this
work has been asserted in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-0-367-76028-1 (hbk)
ISBN: 978-1-032-30004-7 (pbk)
ISBN: 978-1-003-30300-8 (ebk)
DOI: 10.4324/9781003303008
Typeset in Times New Roman
by Apex CoVantage, LLC
To the Australian First Nations People and their
multidimensional struggle for decolonisation, self-
determination, and nation building, as it is occurring on
the site of education.

Contents
List of figures ix
List of tables x
Acknowledgements xi
Preface xii
PART ONE
First Nations Constitutionalism, Conceptual Apparatus,
and Methodological Framework 1
1 Introduction 3
2 A Conceptual Narrative of Constitutionalism: Modern
Conceptualisations and Contemporary (Re)Formulations 28
3 A Conceptual Apparatus for Inquiries Into Australian First
Nations Constitutionalism 47
4 Journeying ‘Extraordinary Places’: Methodological
Approaches for a Macro-Intracultural Comparison of
Australian First Nations Constitutional Orders 65
PART TWO
The Warlpiri, Yolngu, and Pintupi Constitutional
Orders Compared 87
5 The Genesis of the Warlpiri, Yolngu, and Pintupi
Constitutional Orders 89
6 The Foundational Principles of the Warlpiri, Yolngu, and
Pintupi Constitutional Orders 115
7 The Basic Institutional Elements of the Warlpiri, Yolngu,
and Pintupi Constitutional Orders 147
viii Contents
PART THREE
An Emergent Legal Theory of the Warlpiri, Yolngu, and
Pintupi Constitutional Orders 169
8 Articulation of an Emergent Legal Theory for Warlpiri,
Yolngu, and Pintupi Constitutional Orders 171
9 Conclusions 200
Glossary 216
Bibliography 219
Index 244
Figures
4.1 Indigenous ontology 80
4.2 Research paradigm 84
5.1 Intertwining and overlapping of the Warlpiri, Yolngu, and
Pintupi sources of law 110
5.2 Rhizomatic nature of the three legal orders 113